[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3540 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3540
To amend the Federal Water Pollution Control Act to reauthorize the
National Estuary Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 28, 2010
Mr. Whitehouse (for himself and Mr. Vitter) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to reauthorize the
National Estuary Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Estuaries Act of 2010''.
SEC. 2. NATIONAL ESTUARY PROGRAM AMENDMENTS.
(a) Purposes of Conference.--
(1) Development of comprehensive conservation and
management plans.--Section 320(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1330(b)) is amended by
striking paragraph (4) and inserting the following:
``(4) develop and submit to the Administrator a
comprehensive conservation and management plan that--
``(A) identifies the estuary and the associated
upstream waters of the estuary to be addressed by the
plan, with consideration given to hydrological
boundaries;
``(B) recommends priority corrective actions and
compliance schedules addressing--
``(i) point and nonpoint sources of
pollution; and
``(ii) protection and conservation
actions--
``(I) to restore and maintain the
chemical, physical, and biological
integrity of the estuary, including--
``(aa) restoration and
maintenance of water quality,
wetlands, and natural
hydrologic flows;
``(bb) a resilient and
diverse indigenous population
of shellfish, fish, and
wildlife; and
``(cc) recreational
activities in the estuary; and
``(II) to ensure that the
designated uses of the estuary are
protected;
``(C) identifies healthy watershed components for
protection and conservation by carrying out integrated
assessments, where appropriate, of--
``(i) aquatic habitat and biological
integrity;
``(ii) water quality; and
``(iii) natural hydrologic flows;
``(D) considers current and future sustainable
commercial activities in the estuary;
``(E) addresses the impacts of climate change on
the estuary, including--
``(i) the identification and assessment of
vulnerabilities in the estuary;
``(ii) the development and implementation
of adaptation strategies; and
``(iii) the impacts of changes in sea level
on estuarine water quality, estuarine habitat,
and infrastructure located in the estuary;
``(F) increases public education and awareness with
respect to--
``(i) the ecological health of the estuary;
``(ii) the water quality conditions of the
estuary; and
``(iii) ocean, estuarine, land, and
atmospheric connections and interactions;
``(G)(i) identifies and assesses impairments,
including upstream impairments, coming from outside of
the area addressed by the plan, and the sources of
those impairments; and
``(ii) provides the applicable State with any
information on such impairments or the sources of such
impairments;
``(H) includes performance measures and goals to
track implementation of the plan; and
``(I) includes a coordinated monitoring strategy
for Federal, State, and local governments and other
entities.''.
(2) Monitoring and making results available.--Section
320(b) of the Federal Water Pollution Control Act (33 U.S.C.
1330(b)) is amended by striking paragraph (6) and inserting the
following:
``(6) monitor (and make results available to the public
regarding)--
``(A) water quality conditions in the estuary and
the associated upstream waters of the estuary
identified under paragraph (4)(A);
``(B) healthy watershed and habitat conditions that
relate to the ecological health and water quality
conditions of the estuary; and
``(C) the effectiveness of actions taken pursuant
to the comprehensive conservation and management plan
developed for the estuary under this subsection;''.
(3) Information and educational activities.--Section 320(b)
of the Federal Water Pollution Control Act (33 U.S.C. 1330(b))
is amended--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following:
``(7) provide information and educational activities on the
ecological health and water quality conditions of the estuary;
and''.
(4) Conforming amendment.--The sentence following section
320(b)(8) of the Federal Water Pollution Control Act (as so
redesignated) (33 U.S.C. 1330(b)(8)) is amended by striking
``paragraph (7)'' and inserting ``paragraph (8)''.
(b) Members of Conference; Collaborative Processes.--
(1) Members of conference.--Section 320(c)(5) of the
Federal Water Pollution Control Act (33 U.S.C. 1330(c)(5)) is
amended by inserting ``not-for-profit organizations,'' after
``institutions,''.
(2) Collaborative processes.--Section 320(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1330(d)) is amended--
(A) by striking ``(d)'' and all that follows
through ``In developing'' and inserting the following:
``(d) Use of Existing Data and Collaborative Processes.--
``(1) Use of existing data.--In developing''; and
(B) by adding at the end the following:
``(2) Use of collaborative processes.--In updating a plan
under subsection (f)(4) or developing a new plan under
subsection (b), a management conference shall make use of
collaborative processes--
``(A) to ensure equitable inclusion of affected
interests;
``(B) to engage with members of the management
conference, including through--
``(i) the use of consensus-based decision
rules; and
``(ii) assistance from impartial
facilitators, as appropriate;
``(C) to ensure relevant information, including
scientific, technical, and cultural information, is
accessible to members;
``(D) to promote accountability and transparency by
ensuring members are informed in a timely manner of--
``(i) the purposes and objectives of the
management conference; and
``(ii) the results of an evaluation
conducted under subsection (f)(3);
``(E) to identify the roles and responsibilities of
members--
``(i) in the management conference
proceedings; and
``(ii) in the implementation of the plan;
and
``(F) to seek resolution of conflicts or disputes
as necessary.''.
(c) Administration of Plans.--Section 320 of the Federal Water
Pollution Control Act (33 U.S.C. 1330) is amended by striking
subsection (f) and inserting the following:
``(f) Administration of Plans.--
``(1) Approval.--Not later than 120 days after the date on
which a management conference submits to the Administrator a
comprehensive conservation and management plan under this
section, and after providing for public review and comment, the
Administrator shall approve the plan, if--
``(A) the Administrator determines that the plan
meets the requirements of this section; and
``(B) each affected Governor concurs.
``(2) Implementation.--
``(A) In general.--On the approval of a
comprehensive conservation and management plan under
this section, the plan shall be implemented.
``(B) Use of authorized amounts.--Amounts
authorized to be appropriated under titles II and VI
and section 319 may be used in accordance with the
applicable requirements of this Act to assist States
with the implementation of a plan approved under
paragraph (1).
``(3) Evaluation.--
``(A) In general.--Not later than 5 years after the
date of enactment of this paragraph, and every 5 years
thereafter, the Administrator shall carry out--
``(i) an evaluation of the implementation
of each comprehensive conservation and
management plan developed under this section to
determine the degree to which the goals of the
plan have been met; and
``(ii) a review of the program designed to
implement the plan.
``(B) Review and comment by management
conference.--In completing an evaluation under
subparagraph (A), the Administrator shall submit the
results of the evaluation to the appropriate management
conference for review and comment.
``(C) Report.--
``(i) In general.--In completing an
evaluation under subparagraph (A), and after
providing an opportunity for a management
conference to submit comments under
subparagraph (B), the Administrator shall issue
a report on the results of the evaluation,
including the findings and recommendations of
the Administrator and any comments received
from the management conference.
``(ii) Availability to public.--The
Administrator shall make a report issued under
this subparagraph available to the public,
including through publication in the Federal
Register and on the Internet.
``(D) Special rule for new plans.--Notwithstanding
subparagraph (A), if a management conference submits a
new comprehensive conservation and management plan to
the Administrator after the date of enactment of this
paragraph, the Administrator shall complete the
evaluation of the implementation of the plan required
by subparagraph (A) not later than 5 years after the
date of such submission and every 5 years thereafter.
``(4) Updates.--
``(A) Requirement.--Not later than 18 months after
the date on which the Administrator makes an evaluation
of the implementation of a comprehensive conservation
and management plan available to the public under
paragraph (3)(C), a management conference convened
under this section shall submit to the Administrator an
update of the plan that reflects, to the maximum extent
practicable, the results of the program evaluation.
``(B) Approval of updates.--Not later than 120 days
after the date on which a management conference submits
to the Administrator an updated comprehensive
conservation and management plan under subparagraph
(A), and after providing for public review and comment,
the Administrator shall approve the updated plan, if
the Administrator determines that the updated plan
meets the requirements of this section.
``(5) Probationary status.--The Administrator may consider
a management conference convened under this section to be in
probationary status, if the management conference has not
received approval for an updated comprehensive conservation and
management plan under paragraph (4)(B) on or before the last
day of the 3-year period beginning on the date on which the
Administrator makes an evaluation of the plan available to the
public under paragraph (3)(C).''.
(d) Federal Agencies.--Section 320 of the Federal Water Pollution
Control Act (33 U.S.C. 1330) is amended--
(1) by redesignating subsections (g), (h), (i), (j), and
(k) as subsections (h), (i), (j), (k), and (m), respectively;
and
(2) by inserting after subsection (f) the following:
``(g) Federal Agencies.--
``(1) Activities conducted within estuaries with approved
plans.--After approval of a comprehensive conservation and
management plan by the Administrator, any Federal action or
activity affecting the estuary shall be conducted, to the
maximum extent practicable, in a manner consistent with the
plan.
``(2) Coordination and cooperation.--
``(A) In general.--The Secretary of the Army
(acting through the Chief of Engineers), the
Administrator of the National Oceanic and Atmospheric
Administration, the Director of the United States Fish
and Wildlife Service, the Secretary of the Department
of Agriculture, the Director of the United States
Geological Survey, the Secretary of the Department of
Transportation, the Secretary of the Department of
Housing and Urban Development, and the heads of other
appropriate Federal agencies, as determined by the
Administrator, shall, to the maximum extent
practicable, cooperate and coordinate activities,
including monitoring activities, related to the
implementation of a comprehensive conservation and
management plan approved by the Administrator.
``(B) Lead coordinating agency.--The Environmental
Protection Agency shall serve as the lead coordinating
agency under this paragraph.
``(3) Consideration of plans in agency budget requests.--In
making an annual budget request for a Federal agency referred
to in paragraph (2), the head of such agency shall consider the
responsibilities of the agency under this section, including
under comprehensive conservation and management plans approved
by the Administrator.
``(4) Monitoring.--The heads of the Federal agencies
referred to in paragraph (2) shall collaborate on the
development of tools and methodologies for monitoring the
ecological health and water quality conditions of estuaries
covered by a management conference convened under this
section.''.
(e) Grants.--
(1) In general.--Subsection (h) (as redesignated by
subsection (d)) of section 320 of the Federal Water Pollution
Control Act (33 U.S.C. 1330) is amended--
(A) in paragraph (1), by striking ``other public''
and all that follows before the period at the end and
inserting ``and other public or nonprofit private
agencies, institutions, and organizations''; and
(B) by adding at the end the following:
``(4) Effects of probationary status.--
``(A) Reductions in grant amounts.--The
Administrator shall reduce, by an amount to be
determined by the Administrator, grants for the
implementation of a comprehensive conservation and
management plan developed by a management conference
convened under this section, if the Administrator
determines that the management conference is in
probationary status under subsection (f)(5).
``(B) Termination of management conferences.--The
Administrator shall terminate a management conference
convened under this section, and cease funding for the
implementation of the comprehensive conservation and
management plan developed by the management conference,
if the Administrator determines that the management
conference has been in probationary status for 2
consecutive years.''.
(2) Conforming amendment.--Section 320(i) the Federal Water
Pollution Control Act (as redesignated by subsection (d)) is
amended by striking ``subsection (g)'' and inserting
``subsection (h)''.
(f) Authorization of Appropriations.--Section 320 of the Federal
Water Pollution Control Act (33 U.S.C. 1330) (as redesignated by
subsection (d)) is amended by striking subsection (j) and inserting the
following:
``(j) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Administrator $75,000,000 for each of fiscal years 2011
through 2016 for--
``(A) expenses relating to the administration of
management conferences by the Administrator under this
section, except that such expenses shall not exceed 10
percent of the amount appropriated under this
subsection;
``(B) making grants under subsection (h); and
``(C) monitoring the implementation of a
conservation and management plan by the management
conference, or by the Administrator in any case in
which the conference has been terminated.
``(2) Allocations.--Of the sums authorized to be
appropriated under this subsection, the Administrator shall
provide--
``(A) at least $1,250,000 per fiscal year, subject
to the availability of appropriations, for the
development, implementation, and monitoring of each
conservation and management plan eligible for grant
assistance under subsection (h); and
``(B) up to $5,000,000 per fiscal year to carry out
subsection (k).''.
(g) Research.--Section 320(k)(1)(A) of the Federal Water Pollution
Control Act (as redesignated by subsection (d)) is amended--
(1) by striking ``paramenters'' and inserting
``parameters''; and
(2) by inserting ``(including monitoring of both pathways
and ecosystems to track the introduction and establishment of
nonnative species)'' before ``, to provide the Administrator''.
(h) National Estuary Program Evaluation.--Section 320 of the
Federal Water Pollution Control Act (33 U.S.C. 1330) is amended by
inserting after subsection (k) (as redesignated by subsection (d)) the
following:
``(l) National Estuary Program Evaluation.--
``(1) In general.--Not later than 5 years after the date of
enactment of this paragraph, and every 5 years thereafter, the
Administrator shall complete an evaluation of the national
estuary program established under this section.
``(2) Specific assessments.--In conducting an evaluation
under this subsection, the Administrator shall--
``(A) assess the effectiveness of the national
estuary program in improving water quality, natural
resources, and sustainable uses of the estuaries
covered by management conferences convened under this
section;
``(B) identify best practices for improving water
quality, natural resources, and sustainable uses of the
estuaries covered by management conferences convened
under this section, including those practices funded
through the use of technical assistance from the
Environmental Protection Agency and other Federal
agencies;
``(C) assess the reasons why the best practices
described in subparagraph (B) resulted in the
achievement of program goals;
``(D) identify any redundant requirements for
reporting by recipients of a grant under this section;
and
``(E) develop and recommend a plan for limiting
reporting any redundancies.
``(3) Report.--In completing an evaluation under this
subsection, the Administrator shall issue a report on the
results of the evaluation, including the findings and
recommendations of the Administrator.
``(4) Availability.--The Administrator shall make a report
issued under this subsection available to management
conferences convened under this section and the public,
including through publication in the Federal Register and on
the Internet.''.
(i) Convening of Conference.--Section 320(a)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1330(a)(2)) is amended--
(1) by striking ``(2) Convening of conference.--'' and all
that follows through ``In any case'' and inserting the
following:
``(2) Convening of conference.--In any case''; and
(2) by striking subparagraph (B).
(j) Great Lakes Estuaries.--Section 320(m) of the Federal Water
Pollution Control Act (as redesignated by subsection (d)) is amended by
striking the subsection designation and all that follows through ``and
those portions of tributaries'' and inserting the following:
``(m) Definitions.--In this section, the terms `estuary' and
`estuarine zone' have the meanings given the terms in section
104(n)(4), except that--
``(1) the term `estuary' also includes near coastal waters
and other bodies of water within the Great Lakes that are
similar in form and function to the waters described in the
definition of `estuary' in section 104(n)(4); and
``(2) the term `estuarine zone' also includes--
``(A) waters within the Great Lakes described in
paragraph (1) and transitional areas from such waters
that are similar in form and function to the
transitional areas described in the definition of
`estuarine zone' in section 104(n)(4);
``(B) associated aquatic ecosystems; and
``(C) those portions of tributaries.''.
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